Employment Visa
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Q. 1.    What is an Employment Visa?

Ans.:    An Employment Visa is granted to following categories of Chinese/foreign nationals desiring to come to India for the purpose of employment, subject to fulfillment of the following conditions: 

a). The applicant is a highly skilled and/or qualified professional, who is being engaged or appointed by a company/ organization/ industry/ undertaking in India on contract or employment basis. 

b). Employment Visa shall not be granted for jobs for which qualified Indians are available. Employment Visa shall also not be granted for routine, ordinary or secretarial/clerical jobs. 

c). The Chinese / foreign national seeks to visit India for employment in a company/ firm/organization registered in India or for employment in a foreign company/ firm/organization engaged for execution of some project in India. 

d). The Chinese / foreign national being sponsored for an Employment Visa in any sector should draw a salary in excess of US$ 25,000 per annum.  However, this condition of annual floor limit on income will not apply to: (a) Ethnic cooks, and (b) Language teachers (other than English language teachers) / translators.

e). The Chinese / foreign national must comply with all legal requirements like payment of tax liabilities etc. 

f). The Employment Visa must be issued from the country of origin or from the country of domicile of the Chinese/foreign national provided the period of permanent residence of the applicant in that particular country is more than 2 years. 

g). The documents / papers pertaining to the proposed employment, like the registration of the company under the Companies Act, proof of registration of the firm in the State Industries Department or the Export Promotion Council concerned, or any recognized promotional body in the field of industry and trade etc. will be thoroughly checked to decide the category of visa that may be issued to the Chinese/foreign national. The name of the sponsoring employer / organization shall be clearly stipulated in the visa sticker.

Subject to the fulfillment of the conditions enumerated above, the following categories of foreign nationals will also be eligible for Employment Visa:- 

a). Foreign nationals coming to India as consultant on contract for whom the Indian company pays a fixed remuneration (this may not be in the form of a monthly salary).

b). Foreign artists engaged to conduct regular performances for the duration of the employment contract given by Hotels, Clubs, and other organizations.

c). Foreign nationals who are coming to India to take up employment as coaches of national /state level teams or reputed sports clubs.

d). Foreign sportsmen who are given contract for a specified period by the Indian Clubs/organizations.

e). Self-employed foreign nationals coming to India for providing engineering, medical, accounting, legal or such other highly skilled services in their capacity as independent consultants provided the provision of such services by foreign nationals is permitted under law.

f). Foreign language teachers/interpreters.

g). Foreign specialist Chefs.

h). Foreign engineers/technicians coming to India for installation and commissioning of equipment/machines/tools in terms of the contract for supply of such equipment/machines/tools.

i). Foreign nationals deputed for providing technical support/services, transfer of know-how/services for which the Indian company pays fees/royalty to the foreign company. 

As per the MoU on Simplification of Visa procedures signed between the Republic of India and the People’s Republic of China in June, 2003 the following categories of Employment visas (applicable for PRC nationals) are issued:

i. 3 months Single Entry Employment Visa for opening Representative Office in India
ii. 3 months Single Entry Employment Visa for employment including for contracted projects
iii. 3 months Single Entry Visa to Employee’s accompanying family members
iv. 3 months Single Entry Tourist Visa to non-accompanying spouses/children/relatives of Employees

Note:
 Conversion of business visa or any other type of visa into employment visa is not permitted. Chinese nationals desiring to do so must return to their country of permanent residence and apply to the Indian Embassy/Consulate for Employment Visa furnishing all relevant papers required for grant of employment visa.

Q. 2.    What documents are required to be submitted along-with application for Employment Visa?

Ans.:
 Following are the documents that need to be submitted for Employment Visa:

a). The Chinese / foreign national must have a valid travel document and a re-entry permit, if required under the law of the country concerned.

b). The Chinese / foreign national must submit proof of his/her employment of contract or engagement by the company / organization, etc. in India. 

c). The Chinese / foreign national must submit documentary proof of his educational qualifications (university graduation certificate, technical certificate etc.) and professional expertise (experience certificate). 

d). The foreign national must submit documents/ papers pertaining to the proposed employment, like the registration of the company under the Companies Act, proof of registration of the firm in the State Industries Department or the Export Promotion Council concerned, or any recognized promotional body in the field of industry and trade etc. 

e). Prior permission of the Ministry of Home Affairs, Government of India is required for change of employment.

f). The change of employment would be permitted at a senior level e.g. managerial or a senior executive position and/or at a skilled position e.g. a technical expert. 

g). The foreign national concerned will have to fulfill all other conditions stipulated for grant of Employment Visa.

h). A certificate from the holding company, that the company, in which the change of employment has been requested, is a subsidiary of the holding company.

i). No objection from the company from where the foreigner is seeking change of employment.

j). Justification from the holding company warranting change of employment.

k). Change of employment between the holding company and its subsidiary and vice versa or between two subsidiaries may be permitted only once during the currency of 5 years on Employment Visa.

l). Change of employment would not entitle the foreigner to stay in India for a period of 5 years from the date of change of employment. The residency of 5 years on Employment Visa would commence from the date of issue of the original Employment Visa. j). The change of employment would be subject to approval and satisfaction of the competent authority.

Q. 3.    Which category of Visa will be granted to family members of foreign nationals coming to India on Employment?

Ans.: 
   Family members/ dependents of a foreigner who is granted Employment of `E’ visa shall be  granted ‘X’ visa subject to usual security checks provided the family members are otherwise eligible for grant of such a Visa.  Its validity shall be co-terminus with the validity of the visa of the principal visa holder [or for such shorter period as may be considered necessary by the Indian Embassy/Consulate.] 

Q. 4.    Whether Employment visa can be converted to any other type of visa within the country?

Ans.: 
    Employment Visa cannot be converted to any other kind of visa during the stay of the foreigner in India except in the following circumstances and with the prior approval of the Ministry of Home Affairs, Government of India:  

a) Employment visa can be converted to ‘X’ (Entry) Visa if a Chinese / foreign national has come to India on Employment visa marries an Indian national during the validity of his/her visa and does not intend to continue on Employment Visa. Such conversion would be considered subject to fulfillment of following conditions: 

i. Submission of a copy of registered Marriage Certificate , and

ii. Report from the FRRO/FRO concerned about their marital status, which inter-alia will include his / her antecedents, confirmation about their living together and security clearance. 

b)    Employment visa can be converted to Medical visa if the Chinese / foreign national who has taken ill after his / her entry into India rendering him / her unfit to travel and require specialized medical treatment. Grant of Medical Visa is possible only after obtaining a medical certificate from a government or government-recognized hospital. In such a case, ‘X’ visa of family members / attendant accompanying the foreigner (whose ‘Employment’ visa is converted into Medical Visa) can also be converted into Medical Attendant [Med X] visa co-terminus with the Medical visa of the foreigner.  

Note: On conversion of Employment visa into ‘X’ visa / Medical visa/ ‘Med X’ visa, the following endorsement shall be made on the Passport / Residential Permit - “Employment/Business not permitted”.

Q. 5.    Whether a foreign company/organization that does not have any Project office / subsidiary / joint venture / branch office in India can sponsor a foreign national/employee of a foreign company for Employment visa?

Ans.: 
   No. 

Q. 6.    Whether an Indian company / organization which has awarded a contract for execution of a project to a Chinese / foreign company that does not have any base in India, can sponsor employee of foreign company for Employment visa?

Ans.: 
   Yes 

Q. 7.    If the Indian organization / entity sponsors an Employment Visa, does this mean that the Indian organization / entity has to necessarily be the legal employer of the person?

Ans.: 
 No.

Q. 8.    Which type of Visa would be granted to senior management personnel and / or specialists employed by foreign firms who are relocated to India to work on specific project / management assignment?

Ans.: Employment Visa. 

Q. 9.    Whether a foreign national who has come on Employment Visa to work in one company / organization change his employment to another company/organization within the visa validity period during his stay in India?

Ans.:   
  No change of employer shall be permitted during the currency of the Employment Visa within India except in respect of change of employment between a registered holding company and its subsidiary and vice-versa or between subsidiaries of a registered holding company.  The change of employment in such cases could be considered subject to the following conditions:-

Note:  For the above purpose, the ‘holding company’ and ‘subsidiary’ shall have the same meaning as provided in Section 4 of the Companies Act 1956. In all other cases, if a foreign national desires to change the employment to another company/organization, he/she will have to be leave the country and apply for a fresh Employment Visa at the Indian Mission/Post concerned.

Q. 10.  Do Chinese / foreign nationals visiting India on Employment Visas have to register themselves with the FRRO?

Ans.: 
    Chinese / foreign nationals coming to India on employment visa have to comply with the registration requirement irrespective of the duration of their stay in India. Further, dependents accompanying Employment Visa holders are required to register with FRRO/local police if their consecutive stay in India exceeds 180 days. Dependent children below 16 years of age do not require registration.  





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